Navigation (Tonnage Measurement) Regulations (Repeal)

Overview

The Navigation (Tonnage Measurement) Regulations (Repeal) 1994 was enacted to address the expiry of the transitional arrangements for the measurement of ships' tonnage under the International Convention on Tonnage Measurement of Ships, 1969, which had been in effect for a period of 12 years following its commencement on 19 July 1982. This legislative measure was introduced by the Minister for Transport, operating under the authority granted by the Navigation Act 1912. The policy objective of these regulations is to ensure a seamless transition from the transitional provisions to the new regulatory framework established by the Marine Orders Part 19, Tonnage Measurement, Issue 3, which was made pursuant to section 425(1AA) of the Act. The Navigation (Tonnage Measurement) Regulations, originally made under subsection 425(1) of the Act, have been repealed to align with the updated international standards and domestic requirements for the tonnage measurement of ships.

Scope and Application

The Navigation (Tonnage Measurement) Regulations (Repeal) 1994 No. 306 applies to the repeal of the Navigation (Tonnage Measurement) Regulations, which were made under the Navigation Act 1912. The Act applies to the regulation of maritime navigation, including the measurement of tonnage for ships, within Australian territorial waters and beyond, as necessary for international maritime operations. The repealed regulations were specifically designed to align with the International Convention on Tonnage Measurement of Ships, 1969, during a transitional period of 12 years, which concluded on 18 July 1994. Post the expiration of the transition period, tonnage measurement must now comply with Marine Orders Part 19, Tonnage Measurement, Issue 3. This repeal signifies the shift from the old regulatory framework to the new standards set by the International Convention, ensuring that Australian maritime practices are in line with global maritime law.

Key Provisions

The primary sections of the Navigation (Tonnage Measurement) Regulations (Repeal) 1994 No. 306, pertain to the repeal of the existing tonnage measurement regulations. Section 3 of the Regulations explicitly repeals the Navigation (Tonnage Measurement) Regulations, which were previously made under subsection 425(1) of the Navigation Act 1912. This repeal is necessary following the expiration of the 12-year transition period stipulated by the International Convention on Tonnage Measurement of Ships, 1969. As of 18 July 1994, tonnage measurement of ships must now comply with the provisions outlined in Marine Orders Part 19, Tonnage Measurement, Issue 3, which were made under section 425(1AA) of the Act. The Act imposes several obligations and requirements on parties and entities involved in the measurement of ships. Firstly, it mandates that any tonnage measurement of ships must now align with the provisions of Marine Orders Part 19, Tonnage Measurement, Issue 3. This entails adherence to the updated regulations and standards established under this new framework. Furthermore, the Act requires that any ship measured under the repealed regulations before the transition period ends must be re-measured in accordance with the new standards. Additionally, it necessitates that all relevant documentation and records be updated to reflect the new measurement standards. Breaches of the new tonnage measurement requirements can lead to various civil and criminal consequences. Under section 425 of the Navigation Act 1912, penalties can be imposed for non-compliance. These may include fines and potential imprisonment, depending on the severity and frequency of the breaches. The specific penalties are not detailed in the explanatory statement but are likely to be outlined in the Marine Orders Part 19, Tonnage Measurement, Issue 3, which the repealed regulations referred to. The maximum penalties could vary, but they generally reflect the seriousness of the non-compliance and any harm caused by the breach.